Monday, June 4, 2012

City Council Grants
Developers Special Zoning Request in Exchange for Tax Dollars from Annexation

In spite of what you might
hear in the news, annexation is alive and well in the city of Wilmington. This
week Wilmington’s newest tax payers will likely be future residents of a track
of land under development at 6469 Gordon Road, just down from Lewis Farms.

The track of land is .67
mile from the city limits. If everything goes as planned, the track would be
annexed by the city of Wilmington and in turn rezoned to meet the developers
requirements.

According to City of
Wilmington planning commission documents, the track in question is currently
zoned R-15 by the county, which allows for 3.8 units per acre. Under the
proposed rezoning, density would increase to 9.4 units per acre per the city’s
multi-family MF-L zoning. That would be a total increase of 60 units on the
9.99 acre development. The report also acknowledges rezoning by the city would increase vehicle trips by 50%.

Since the City of
Wilmington gave away its water and sewer utilities to the CFPUA, it has little
to offer residents outside of it borders to encourage voluntary annexation. It
can however entice developers to offer their property up for annexation with
the promise of special zoning request. Once the deal is done, the higher number
of housing units means more profits for the developers and more tax dollars in
the city coffers. These type deals skirt state law on contract zoning.

Contract zoning is where a
landowner and government enter into a written agreement and make promises to
each other, which is illegal in North Carolina. With the annexation request and
rezoning consideration taking place at the same meeting, it seems it’s
understood by all involved exactly what the deal is: that if the property is
annexed, the special zoning request will be granted. Since the deals between
the Wilmington City Council and developers are not actually in writing,
technically they’re not illegal.

Satellite annexation laws,
as they are currently written, are outdated. They now seem to serve as little
more than a way for developers to make an end run around county zoning
policies. In the end, county residents are left with higher density
development, increased traffic congestion and no say on what goes on in the
community around them.

The state legislature
should address the issue. Without the ability to immediately rezone these
properties, the City of Wilmington would probably see an end
to satellite annexation request.

Sunday, April 8, 2012

I subscribe to the Star News solely because my wife wants the coupons from the Sunday paper. They’ll deliver it to my house 7 days a week cheaper than I can go get the Sunday paper. Seldom do I ever read it. To be honest I feel a bit guilty tossing the other six days of the weeks straight in the trash without reading them.

Today, Easter Sunday, I decided to actually look at the content to see what kind of interesting articles about Easter might be in there. Easter, one of the most important Christian holidays of the year, and there was not even a mention of it in the Star News on Easter Sunday. Not even a peep.

I did a search of the website to make sure I wasn’t missing anything in today’s publication and got the same results. Nothing.Matter of fact the Star News had very little about Easter at all other than some token mentions early in the week.

Is it their job to cover Christians’ celebration of Easter? Of course not. Did I think I would find articles about Easter in the Easter Sunday paper? I must admit that I did. What was I thinking, right?

The fact that I have a subscription to the Star News should bother me for a number for reasons. One reason would be concern for the environment and the precious trees, energy and water that are consumed to print a paper I don’t even read. And more importantly, why do I have a subscription to a paper that intentionally omits any significant coverage of one of the most important Christian holidays of the year?

Just another example of how out of touch the Star News is with many of the very people they are trying to sell their papers to. And they wonder why they have to beg people to take free subscriptions in local drug stores just to keep their subscription numbers up…

Saturday, December 17, 2011

City Council and developer use satellite annexation to circumvent county zoning policy

Do you have a piece of property outside of the city limits and the county is refusing to meet your zoning demands? No worries. The Wilmington City Council is apparently for sale, happy to help you circumvent the New Hanover County Commissioners and grant your special zoning request, for a price.

The current example is a 27 acre parcel 2.5 miles from the borders of the city. Flournoy Development Company, a property developer out of Columbus GA, is planning to build luxury apartments off of Market Street in the northern part of the county. When the county denied Flournoy’s rezoning request, Flournoy turned to the city for help.

Wilmington City Council seemed eager to grant Flournoys annexation and rezoning request in exchange for the property tax dollars it will put in their coffers. According to news reports, Flournoy admitted circumventing the county zoning policy, through annexation by the city, would give the project a better chance. Another benefit to the developer is that the Wilmington city council would have no obligation to the local county residents that oppose the rezoning.

To cover their "pay to play" scheme, city staff, in conjunction with Flournoy spokespeople, have begun a campaign to convince an unknowing public and press that the annexation offered by the city would give the developer and residents services not currently offered in that part of the county. The dirty little secret is that nothing could be further from the truth.

Services and utilities are already in place and have been available for years. Fire, police, water, sewer are all there. Being annexed by the city provides Flournoy with no benefit other than rezoning, which would allow the developer to drastically increase its profits by building 290 units, versus the 250 allowed by the county.
If the track is annexed it would be very profitable for the city council as well, adding nearly 300 units to their tax rolls with little upfront cost.

County Commissioner Jason Thompson agrees. In a telephone interview he stated that the move by the city was nothing more than an attempt by the city to usurp the counties zoning authority for the developer in exchange for the ability to tax future property owners in the development.

A visit to Flournoy’s company website finds they make a commitment of integrity and accountability to their employees and vendors. They make no such commitment to the communities in which they are building.

Bottom line is that this is wrong and the city should withdraw its offer now. It is a Quid pro quo between the Wilmington City Council and Flournoy Development with the sole purpose of usurping the county’s zoning authority and taking away the voice of county residents. Hopefully our state legislators are watching.

Thursday, September 1, 2011

How the Cape Fear Public Transportation Authority (WAVE Transit) Conspired to Mislead the Elected Officials and the Public into Supporting Their Proposed Tax Increase

Over the last several months those associated with WAVE Transit have led a very aggressive campaign pushing a $7 increase to the vehicle registration tax to fund bus routes to local beaches. If successful, they will increase the taxes on New Hanover County families nearly $1.2 million dollars.

WAVE led their charge with the claim that 87% of the community supported bus routes to the beach. WAVE personnel have given presentations to all the local elected bodies, appeared in front of business organizations, and have been interviewed by local television and newspaper, all in an effort to drum up support for the tax increase.

A closer look at the facts finds that WAVE’s own data showed the repeated claims of 87% community support were simply not true. The polling data actually seems to show a lack of interest in expanding routes and even less interest in raising taxes to do so. It seems those associated with WAVE conspired to give the appearance of wide spread public support by misrepresenting polling data hoping to convince the public and elected officials to support WAVE’s proposed tax increase.

Below we’ll take a look at WAVE's well organized campaign of misinformation as well as important information that was strategically withheld.

The Campaign of Misinformation:
Say something enough and eventually it becomes an accepted fact, whether it’s true or not. Below are a few examples of the statements made by WAVE Director Albert Eby and Jonathan Barfield, New Hanover County Commissioner who also sits on the WAVE Transit Board.

Albert Eby interview with Star News
"Our best guess is that all the towns and communities say, ‘We want service to the beaches,' " said Albert Eby, the executive director of Wave Transit. "We're just trying to show the county commissioners where that support's coming from."http://www.starnewsonline.com/article/20110725/ARTICLES/110729823

Jonathan Barfield email to constituents
“A survey of area residents by UNCW’s Survey Research Laboratory indicates that 87% of residents in the community are supportive of public transportation service to Wrightsville and the Southern Beaches.”http://www.wilmingtonwater.org/barfield_WAVE_tax_email.pdf

WAVE Transit Service Expansion and Long range Financial Plan report
“The most recent random scientific survey of over 1,300 residents, conducted in cooperation with the University of North Carolina Wilmington Survey Research Laboratory, indicated support for service to Pleasure Island and Wrightsville Beach is 87%.”http://www.wavetransit.com/Portals/0/documents/SELRFP.pdf

The quotes referenced show a well planned campaign to gain public support, spearheaded by the claim 87% of the community supported bus service to the beaches. The problem is, the support was not there, and the claims of 87% community support were simply not accurate.

The claim of 87% community support is simply not true
A closer look at the survey Eby and Barfield reference shows the 87% touted is not all that it’s cracked up to be and is extremely misleading at best.

According to WAVE documents 1300 people took the survey. Only 150 of the 1300 even bothered to respond to the question about bus service to the beaches. Of those 150, 130 did indeed agree that buses to the beach would improve service, and technically that is 87%.

But an honest look at the numbers reveal it was only 130 out of 1300, a mere 10% of those surveyed, that supported bus service to the beaches. That’s 10%, not the 87% we were being told. How can anyone honestly claim that 130 people are an accurate representation of a community of nearly 200,000? What’s more significant is that 1150 people didn’t even care enough to answer the question about bus service to the beaches! Not quite the community support the public and elected officials had been led to believe.

What else WAVE is not telling us about their survey
WAVE’s survey had some results they’d probably rather the public and elected official not know. Survey results actually show the public is overwhelmingly against tax increases to pay for WAVE expansion plans. Polling question results also show that public transportation (WAVE transit) ranks as a low priority when compared to other public projects.
-76% opposed sales tax increases to support WAVE route expansion (See survey page 13 )
-90% opposed property tax increases to support WAVE route expansion (See survey page 13 )
-WAVE ranked nearly at the bottom in spending priorities, 5th out of 7 (See survey page 27)
-Marinas and public boating ramps were ranked as a higher priority than public transportation!

Do bus routes to the beaches cost $1.2 million dollars?
Not even close. According to WAVE’s Service Expansion and Long Range Financial Plan Report service the to the area beaches would cost about $650,000. So why do they need $1.2 million? The dirty little secret is the proposed tax would also be a back door way of funding other projects such as the controversial Multi Modal Center, which, if built, would be an additional ongoing tax burden on new Hanover County families.

Conclusion
WAVE’s own survey results tell a very different story than representatives associated with WAVE Transit have been telling the public. It’s also a very different story than what they have been feeding to beach, city, and county elected officials.

For WAVE to put forth this survey as public support for their agenda is disturbing. To say they have the support of 87% of the community is intellectually dishonest at best. Those associated with WAVE should have known better. They knew 130 of 1300 people did not represent “community support.” The truth is the survey shows public transportation ranks low on the priority list and the public has no will to pay additional taxes for its’ services. But this information was withheld from the public discussion.

Representative Carolyn Justice recently spoke about corruption in government. We have seen locally how a corrupt ABC Board will end up costing the taxpayers of New Hanover County millions of dollars. At some point there has to be some accountability. These government organizations have a duty to be honest and forthcoming with the public and elected officials. It is a serious violation of the public trust when government entities such as WAVE take on a campaign of misinformation with the willful intent to mislead. The question now is how can the public trust information coming from this organization?

The goal was to give the appearance of widespread public support by misrepresenting polling data, presenting information to elected officials and the public that was misleading and less than truthful. In the end, they wanted to manipulate all involved into supporting a tax increase.

WAVE’s campaign over the last few months represents everything that’s wrong with government. They have a duty to be truthful and transparent to the highest degree, and when they’re not, they should be held accountable.

Tuesday, August 2, 2011

The Wrightsville Beach Board of Alderman has succumbed to the rhetoric of tiered water rates. The beach thrives off of tourism and the board of alderman took measures which will punish the life blood of the tourist industry, their local hotels.

According to reports, the rate for non-essential use was $2.40 per hundred cubic feet of water used. The board has now set up three tiers - $2.40 for up to 29,920; $3.60 for 29,920 to 74,800; and $5.00 for usage greater than 74,801.

Anyone using 74,801 gallons of water needs to be punished with higher pricing, right? They must be wasting water. Not necessarily. If you’re a hotel with 300, 400, or 500 guest a night, you’re going to use hundreds of thousands of gallons of water a month for essential water needs such as taking showers, flushing toilets, etc.

For example, the Blockade Runner has 150 rooms. Let’s say an average of 300 people stayed there per night. At 40 gallons of water per person per day (for reference the national average is 80 gal/day) X 300 people X 30 days is 360,000 gallons per month per month for essential water needs. That’s 280,000 gallons past the top tier of 74,801 gallons just for the essential needs of hotel guest.

It’s important to understand that these larger hotels: 1) Are not doing anything wrong just because they use a lot of water, and 2) Cannot conserve their way into these lower tiers. Even with conservation measures in place they’ll be paying higher second and third tier rates.

While supporters of the new tiered rate scheme point to it curbing non-essential use, it’s important to understand that the rate scheme proposed will unfairly and wrongfully punish business owners, especially the larger hotels, for their essential use.

The town leaders expressed concern over their utilities ability to meet increased demand. Ironically, their new rate structure does little to encourage most users to conserve water. Smaller households can waste tremendous amounts of water before ever getting to the higher second tier rates.

If the beach’s water supply was truly ever and issue, the Cape Fear Public Utility Authority is waiting in the wings with an over abundance of treatment capacity and could easily meet the demand.

The owners of the Blockade Runner have every reason to gripe. Tiered water rates are inherently discriminatory and are simply bad government. If the Wrightsville Beach Board of Alderman were serious about water conservation, they would use a uniform rate which would encourage all users to conserve water from the very first drop.

Sunday, July 31, 2011

Uses questionable polling data to manipulate public and elected officials

Sounds unbelievable but it’s true. What WAVE Transit is peddling as a mere $7 addition to our automobile registration tax is actually a $1.2 million dollar tax increase for New Hanover County families. According to the New Hanover County tax office there were 173,930 vehicles in the county in 2010. At $7 per car, WAVE will be able to pick our pockets for another$1.2 million if it has its way.

In an interview with WWAY, WAVE executive director Albert Eby said WAVE had done a scientific survey and “Eighty-seven percent of folks wanted to see service to the beaches." County Commissioner Jonathan Barfield, who also sits on the WAVE transit board, made a similar claim in a September email to constituents. Barfield stated that “…87% of residents in the community are supportive of public transportation service to Wrightsville and the Southern Beaches.”

Our economy is collapsing. Our nation is on the verge of economic default. Families are losing their homes and somehow 87% of citizens in New Hanover County are in favor of higher taxes to pay for bus rides to the beach? That just doesn’t make sense. Honestly, it seems unbelievable.

But hey, this is something everybody wants. That’s what we were told, right? A closer look at the survey Eby and Barfield reference shows the 87% touted is not all that its cracked up to be and is misleading at best.

Approximately 1100 people took the survey. Only 150 of the 1100 even bothered to respond to the question about bus service to the beaches. Of those 150, 130 did indeed agree that buses to the beaches would improve service. Technically, that is 87%.

When you analyze the numbers honestly you see it was only 130 out of 1100, a mere 12% that supported bus service to the beaches. Not quite the “community support” we were told. Keep in mind 950 people didn’t even care enough to answer the question about service to the beaches.

It should also be noted that this same survey showed people put spending tax dollars on more public transportation at nearly the bottom of the priority list. 75 percent did not support a sales tax increase to pay for WAVE expansion, and likewise 90 percent did not support property tax increases.That wasn't mentioned in the press reports.

For those representing WAVE to put forth this survey as public support for their agenda is disturbing. To say they have the support of 87% of the community is intellectually dishonest at best. The question now is how can the public trust information coming from this organization?

According to WAVE’S own figures the average cost per ride is $4, yet they charge only $1. The truth is a very slight increase in bus fares would cover any route expansions. Not an idea WAVE Transit seems to be willing to discuss. They’d rather tax those that don’t ride the bus to pay for those that do.

In the end this proposed scheme would take $1.2 million dollars out of our local economy to be given WAVE for routes that are not needed. Just what the doctor ordered to improve the worst local economy in decades. IfWAVE has it’s way, it will be an ever growing tax burden on the back on new Hanover County families as it continues to expand it’s empire. Hopefully county commissioners will stop this one before it ever leaves the station.